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{{See also|Indecent exposure|Public indecency}}
{{See also|Indecent exposure|Public indecency}}


As a result of [[social conditioning]], many people feel uncomfortable viewing exposed women's breasts and regard such exposure to be [[indecent]]. Most women do not regard their breasts as indecent. However, at the same time, most women are reluctant to publically defy the law and convention to be topfree. This may be due to their own social conditioning, [[social inhibition|social]] or [[sexual inhibition]]s, because of their upbringing or because of the [[social norm]] which traditionally expected women's breasts to be covered. Also, most people have an innate, psychological aversion to being the only person who does something in a public context, so that most people are uncomfortable being the only one in a situation who does something, like removing upper clothing.{{Citation needed|date=September 2011}}
As a result of [[social conditioning]], many people feel uncomfortable viewing exposed women's breasts and regard such exposure to be [[indecent]]. Most women do not regard their breasts as indecent.{{Citation needed|date=November 2011}} However, at the same time, most women are reluctant to publically defy the law and convention to be topfree. This may be due to their own social conditioning, [[social inhibition|social]] or [[sexual inhibition]]s, because of their upbringing or because of the [[social norm]] which traditionally expected women's breasts to be covered. Also, most people have an innate, psychological aversion to being the only person who does something in a public context, so that most people are uncomfortable being the only one in a situation who does something, like removing upper clothing.{{Citation needed|date=September 2011}}


Legally, many jurisdictions treat the public display of women's breasts as [[indecent exposure]] or as [[public indecency]]. However, in about 2000, the Topfree Equal Rights Association was formed in Canada to challenge the legality of prosecutions in that country. TERA does not itself promote [[toplessness]], but endeavors to help women who are prosecuted merely for being topfree in public, and seeks to change public attitudes to the exposure of women's breasts. TERA seeks the recognition of the right of women to be topfree on an equal basis, should they individually choose to exercise it. TERA claims several successes in persuading courts in North America to overturn prosecutions on the basis of [[sex discrimination]], arguing that a woman should be free to expose her chest in any context in which a man can expose his. Successful cases include the [[District of Columbia]] in 1986, [[New York State]] in 1992, [[Columbus, Ohio]] in 1995, [[Ontario, Canada]] in 1996, [[Moscow, Idaho]] in 1998, and [[Maine]] in 1998.<ref name="topfree">{{cite web |first= |last= |author= |authorlink= |coauthors= |title= 10 successful court cases |url= http://www.gotopless.org/news.php?item.3.1 |archiveurl= |work= |publisher= Gotopless.org |location= |trans_title= |page= |pages= |language= |format= |doi= |date= |month= |year= |archivedate= |quote= |accessdate=26 August 2009}}</ref>
Legally, many jurisdictions treat the public display of women's breasts as [[indecent exposure]] or as [[public indecency]]. However, in about 2000, the Topfree Equal Rights Association was formed in Canada to challenge the legality of prosecutions in that country. TERA does not itself promote [[toplessness]], but endeavors to help women who are prosecuted merely for being topfree in public, and seeks to change public attitudes to the exposure of women's breasts. TERA seeks the recognition of the right of women to be topfree on an equal basis, should they individually choose to exercise it. TERA claims several successes in persuading courts in North America to overturn prosecutions on the basis of [[sex discrimination]], arguing that a woman should be free to expose her chest in any context in which a man can expose his. Successful cases include the [[District of Columbia]] in 1986, [[New York State]] in 1992, [[Columbus, Ohio]] in 1995, [[Ontario, Canada]] in 1996, [[Moscow, Idaho]] in 1998, and [[Maine]] in 1998.<ref name="topfree">{{cite web |first= |last= |author= |authorlink= |coauthors= |title= 10 successful court cases |url= http://www.gotopless.org/news.php?item.3.1 |archiveurl= |work= |publisher= Gotopless.org |location= |trans_title= |page= |pages= |language= |format= |doi= |date= |month= |year= |archivedate= |quote= |accessdate=26 August 2009}}</ref>

Revision as of 09:16, 8 December 2011

A topfree woman at the 2008 Oregon Country Fair in Veneta, Oregon
See also: Toplessness

Topfreedom is a cultural and political movement seeking to advance gender equality by the recognition of the right of women and girls to be topless in public on the same basis that men and boys are permitted to be barechested. In addition, topfreedom advocates seek recognition of the right of nursing mothers to openly breastfeed in public, and of women to sun bathe topless. The Topfree Equal Rights Association (TERA) also assists women in Canada who have been charged for being topless, while GoTopless organizes demonstrations in the United States to protest against the legal and public attitude to the inequality. In Sweden, Bara Bröst is active in advancing topfreedom, as is Topless Front in Denmark.

See also: Indecent exposure and Public indecency

As a result of social conditioning, many people feel uncomfortable viewing exposed women's breasts and regard such exposure to be indecent. Most women do not regard their breasts as indecent.[citation needed] However, at the same time, most women are reluctant to publically defy the law and convention to be topfree. This may be due to their own social conditioning, social or sexual inhibitions, because of their upbringing or because of the social norm which traditionally expected women's breasts to be covered. Also, most people have an innate, psychological aversion to being the only person who does something in a public context, so that most people are uncomfortable being the only one in a situation who does something, like removing upper clothing.[citation needed]

Legally, many jurisdictions treat the public display of women's breasts as indecent exposure or as public indecency. However, in about 2000, the Topfree Equal Rights Association was formed in Canada to challenge the legality of prosecutions in that country. TERA does not itself promote toplessness, but endeavors to help women who are prosecuted merely for being topfree in public, and seeks to change public attitudes to the exposure of women's breasts. TERA seeks the recognition of the right of women to be topfree on an equal basis, should they individually choose to exercise it. TERA claims several successes in persuading courts in North America to overturn prosecutions on the basis of sex discrimination, arguing that a woman should be free to expose her chest in any context in which a man can expose his. Successful cases include the District of Columbia in 1986, New York State in 1992, Columbus, Ohio in 1995, Ontario, Canada in 1996, Moscow, Idaho in 1998, and Maine in 1998.[1]

GoTopless.org was formed in 2007 in the United States, and claims that women have a constitutional right in the United States to be bare chested in public places on the same basis as men. Unlike TERA, which does not organise demonstrations, GoTopless organises protests in favor of recognition of women's top freedom rights.[2] GoTopless is affiliated with Raëlism; TERA is not affiliated with any other organization.[3]

In several countries in Europe non-sexual toplessness is not illegal. However, private or public establishments can establish a dress code which requires women to wear tops, and deny access or remove individuals who breach these standards. Topless swimming and sunbathing on beaches have become common in many parts of Europe, though the practice remains controversial in many places, and not common in most places. Many public swimming pools are owned by municipalities, which are treated as private organisations.

Breastfeeding

Numerous laws around the world have made breastfeeding in public legal and disallow companies from prohibiting it in the workplace.

Most US State jurisdictions permit breastfeeding in public.[4][5][6] In the United States, for instance, a federal law enacted in 1999[7] specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location."

However, these laws generally do not apply to rules imposed by private organisations or on private property, such as restaurants, airlines, shopping malls etc.

Attitudes to topfreedom

A society's attitude to toplessness depends to some extent on the context in which it appears. It may be more readily accepted, for example, in the context of topless sunbathing than, say, walking down the street.

Europe

  • Topless body-painted female football fans at World Cup in Germany, 24 June 2006
    Topless body-painted female football fans at World Cup in Germany, 24 June 2006
  • World naked bike ride, June 2007
    World naked bike ride, June 2007
  • A demonstration at the World Bank, October 2007
    A demonstration at the World Bank, October 2007

In several countries in Europe non-sexual toplessness is not illegal. However, private or public establishments can establish a dress code which requires women to wear tops, and deny access or remove individuals who breach these standards.

Topless swimming and sunbathing on beaches have become common in many parts of Europe, though the practice remains controversial in many places, and not common in most places.

Sweden

In Sweden, toplessness is not illegal. However, private or public establishments are permitted to establish dress codes which may require women to wear tops, and deny access or remove individuals who breach these standards. In September 2007, "Bara Bröst" (a pun meaning both "Just Breasts" and "Bare Breasts") appeared to promote topless equality in these semi-public facilities. The group staged several events in public swim baths in September and October 2007, starting in Uppsala from which they were evicted several times, before succeeding in Sundsvall.[8][9]

The group scored a victory in June 2009 when the Malmö city's sports and recreation committee approved new rules that, while requiring everybody to wear bathing suits at indoor public swimming pools, did not require women to cover their breasts.[10][11] "We don’t decide what men should do with their torso, why then do women have to listen to the men. Moreover, many men have larger breasts than women", said a council spokesman.[12]

Denmark

In Denmark, toplessness is not illegal; however, private or public establishments can establish a dress code which requires women to wear tops, and deny access or remove individuals who breach these standards. In December 2007, a group of women and men swam topless in public swim baths to promote topless equality.[13]

In March 2008, after a year-long campaign by Topless Front, Copenhagen's Culture and Leisure Committee voted to allow topless bathing in its swimming pools.[14]

United Kingdom

A topless swimmer at a beach in Devon

In the United Kingdom, topless sunbathing is legally permitted in some locations, while in others toplessness has become accepted by custom. At the Kenwood Ladies' Bathing Pond in London's Hampstead Heath, the Greater London Council has permitted topless sunbathing and swimming since 1976, although men are not permitted to enter the bathing area.[15] International hotel chains with properties in multiple locations have evolved a tolerant policy.[16] Many resort hotels and condominium complexes[citation needed] now allow topless sunbathing at their swimming pools, and some cruise ships have adults-only decks on which women may remove their tops.

Poland

In Poland, two women, including topless model Dorota Krzysztofek, were reprimanded by city guards and fined for sunbathing topless. The women refused to pay the fine and decided to go to the court, which canceled the fine. Later both guards said that "the whole of Poland was laughing at them".[17][18][19] In contrast to that case many other Polish Baltic resorts do not object to topless bathing, for example Ustka, Gdynia, Mielno or Szczecin.[20][21]

Southern and Eastern Europe

File:Two women sunbathing in Ibiza, Spain - 20060922.jpg
Sunbathers in Ibiza

Female topless bathing and sunbathing is acceptable, tolerated and very common on beaches all over Spain [22],Italy and Greece.[23] Virtually every beach on the Adriatic coast of Croatia[24][25] and along Europe's Mediterranean coast permit topless bathing,[26] as well as on the Black Sea coast of Bulgaria, Romania and Ukraine.

Toplessness is very common at beaches in France. In France, the feminist collective Les Tumultueuses organized a topfree protest in Paris in May 2009. The objective of the demonstration is indicated by their slogan: "My body if I want, when I want, like it is".[27][28].

North America

United States

Female toplessness in public is illegal in most of the United States, on the basis that it is indecent exposure,[29] or as a public nuisance or disorderly conduct.[30] Some states have state laws prohibiting toplessness while others permit local governments to set local standards. A large majority of states as of March 2010 have multiple laws explicitly allowing breastfeeding in public and/or exempting it from public indecency laws.[31] These laws are still in effect.[32]

Seven women who picnicked topless were charged in 1986 in Rochester, New York but acquitted in 1992.[2]

In December 2007, 50 residents of Pittsfield, Massachusetts petitioned the City Council requesting a segregated beach for topless sunbathing by both men and women. The petition was rejected by the council, with the Mayor calling it "unacceptable and unnecessary". Proponents of topless sunbathing vowed to continue their fight.[33][34][35][36] In 2010, 200 residents of Pittsfield, Massachusetts placed a question on the November ballot asking whether State Laws should be clarified to allow topfreedom rights for both men and women.[37]

Daytona Beach, Florida, which is known for its "most famous beach in the world" status, has tolerated varying levels of nudity during Spring Break events and at other times.[citation needed] In 2007, a Florida court acquitted a woman of indecent exposure for being topless on Daytona Beach because of the political nature of her stand, under the First Amendment right of free speech.[38]

Some places in North America permit females to be topless in public on an equal basis to males, and limit indecent exposure laws to exposure of genitals. States which permit toplessness for both sexes include the California coast, including Black's Beach and Santa Cruz,[39] Colorado,[40] Hawaii ,[41] Maine,[42] New York,[43] Ohio[44] and Texas.[45]

Toplessness is tolerated during specific events in a few limited locations, like the San Francisco Bay to Breakers race and the Oregon Country Fair.

Cities
Dyke March, 17th Street nearing P Street NW, in Washington, D.C., on 11 June 2005

Even where topfree is legal, police might still arrest those practicing it for disorderly conduct or similar charges.[48]

Canada

In 1991, Gwen Jacob was arrested for walking in a street in Guelph, Ontario while topless. She was acquitted in 1996 by the Ontario Court of Appeal on the basis that the act of being topless is not in itself a sexual act or indecent.[49] Since then, the court ruling has been tested and upheld several times.

In 2008, the city council in Vancouver, British Columbia, a location of the World Naked Bike Ride, gave women the right to go topless in public, not solely at swimming pools and beaches.[50]

Other western countries

In some regions, female toplessness is acceptable in specific locations, like Guadeloupe, French Guiana;[51] St. Barts, Martinique, and St. Martin in the Caribbean;[22] Cape Town, South Africa; Tabah,[52] Mexico, Colombia, Venezuela, and Brazil.[16][26]

In Australia, where topless bathing has mostly become uncontroversial, conservative MP Fred Nile submitted a bill in late 2008 that would have banned public toplessness to avoid offending visitors from Middle Eastern or Asian countries.[53] The suggestion has not been heard from since.

Asia

A Thai government poster from the Marshal Plaek Pibulsonggram-era (1938-1945) encouraging Thai women to stop baring their breasts and adopt a "civilized" form of dress.

In many Asian and Southwest Asia countries with conservative social norms, women are prohibited from being topfree in any public place. However, they sometimes make exceptions for Western visitors at locations like Phuket, Samui, and Samet, Thailand.[54][55] In China, a female visitor from Bulgaria caused a commotion in August, 2009 when she went topless at Number 1 Seaside Bathing Club in Qingdao. While local citizens were upset, no law prohibiting toplessness existed, and the woman was allowed to continue sunbathing topless.[56][57]

Israel

In Israel, toplessness can be spotted occasionally in Tel Aviv and Eilat beaches, and also in other places, such as resorts and at the Dead Sea.

Other middle-east countries

In July 2008, police in the Muslim city-state of Dubai cracked down on foreign visitors who were "indecent" at local beaches, detaining 79 people during the arrests. While tourists in Dubai can wear bikinis on the emirate's beaches and walk its streets in shorts, toplessness is not permitted.[58] In Tunisia, where 80% of the population is Muslim, European tourists may sunbathe topless at the hotel's private beaches and pools, while traditional Muslim women wear full chadorah at public beaches.[59] Multilingual signs have now been erected on Dubai's beaches warning that women who remove their tops can face criminal prosecution and sentences of up to six months imprisonment.[60]

Organizations

Topfree Equal Rights Association

The Canadian Topfree Equal Rights Association (TERA) assists women in both Canada and the United States who are prosecuted for being topless in situations whereas men are not.[61] It does not advocate toplessness, but promotes the concept of freedom of choice of the individual woman, and the de-sexualisation of breasts.[62]

GoTopless.org

GoTopless.org, sponsors of the annual August national "GoTopless Day" protests in the United States and around the world to promote gender equality & equal rights.

People

  • Judy E. Williams: NAC board member, chief advisor of TERA, chair of Wreck Beach Preservation Society (WBPS) in Vancouver, BC
  • Gwen Jacob: test case for topfreedom who won in Ontario, Canada.[49]
  • Linda Meyer: test case for topfreedom for British Columbia. On June 8, 2000, she won in court against Maple Ridge, British Columbia. She had been arrested at the District of Maple Ridge's indoor public swimming pool. That was after she had provoked arrests for many years, and had gone to jail, in order to win in court and thereby stop official harassment for her topfree public activities.
  • Paul Rapoport: topfree activist, writer, editor of Going Natural, a publication of FCN.
  • Sue Richards: Publisher of the topfree, breast health calendar Breast of Canada.
  • Morley Schloss: NAC board member, topfree activist.
  • Nikki Craft: feminist, past topless-rights activist
  • Linda Biggs: watercolor artist whose lowbrow representation of topfree equality is expressed in her "One of the Boys."

See also

Notes

  1. ^ "10 successful court cases". Gotopless.org. Retrieved 26 August 2009. {{cite web}}: Cite has empty unknown parameters: |trans_title=, |month=, and |coauthors= (help)
  2. ^ a b "National GoTopless Protest day". Gotopless.org. Retrieved 26 August 2009. {{cite web}}: Cite has empty unknown parameters: |trans_title=, |month=, and |coauthors= (help) Cite error: The named reference "gotopless" was defined multiple times with different content (see the help page).
  3. ^ Exposing the « cover-up » for what it is !
  4. ^ "Breastfeeding Laws". Breastfeeding State Laws. NCSL. Updated March 2010. Retrieved 14 September 2010. {{cite web}}: Check date values in: |date= (help)
  5. ^ Wiehl, Lis (2006-06-22). "Indecent Exposure". FOXNews.com.
  6. ^ "Breastfeeding Legislation in the United States: A General Overview and Implications for Helping Mothers". La Leche League International.
  7. ^ "Treasury and General Government Appropriations Act, 2000". Retrieved 2010-01-14.
  8. ^ "Swedes fight for topless rights". Metro.co.uk. November 19, 2007.
  9. ^ Victory for topless bathers Article from The Local
  10. ^ "Malmö win for topless Swedish bathers". The Local. 24 June 2009.
  11. ^ "Swedish city legalizes topless bathing at public swimming pools". Inquisitr.com. 2009-06-27. Retrieved 2009-07-23.
  12. ^ "Swedish city legalizes topless bathing....at public swimming pools". Inquisitr.com. 2009-06-27. Retrieved 2009-07-23.
  13. ^ "Topløs svømning har altid været tilladt". Politiken. 19 December 2009.
  14. ^ "Victory for topless bathers". London: TheSun.com. 2008-03-29. Retrieved 2010-06-14.
  15. ^ Hanson, Michele (2004-12-10). "Heavenly waters". The Guardian. London. Retrieved 2010-05-25.
  16. ^ a b Banay, Sophia (Jan. 24, 2006). "Top topless beaches 2006". Retrieved 2009-09-28. {{cite web}}: Check date values in: |date= (help)
  17. ^ http://wyborcza.pl/1,76842,6232762,Topless_jest_legalny.html
  18. ^ "Polish court reprimands topless sunbathers". Retrieved 2009-09-28.
  19. ^ "Polish court reprimands topless sunbathers". AFP. November 7, 2008. Retrieved 2009-09-28. [dead link]
  20. ^ http://wiadomosci.dziennik.pl/wydarzenia/artykuly/149396,inwazja-nagich-biustow-w-szczecinie.html
  21. ^ http://www.gp24.pl/apps/pbcs.dll/article?AID=/20080429/USTKA/291008098
  22. ^ a b "The Top Topless Beaches". Retrieved 2009-09-28.
  23. ^ "Swimming in Greece". Retrieved 2009-09-28.
  24. ^ Javno (June 29, 2008). "PHOTO: Swim Suits on Croatian Beaches?". Retrieved 2009-09-28.
  25. ^ "Nude beaches frequently asked questions!". Retrieved 2009-09-28.
  26. ^ a b Valhouli, Christina (2006). "Top Topless Beaches 2005". Forbes. Retrieved 2009-09-28.
  27. ^ Mon corps si je veux, quand je veux, comme il est Tumultueuses website
  28. ^ Des féministes enlèvent le haut dans une piscine à Paris Article of Nouvel Observateur
  29. ^ Wiehl, Lis (2006-06-22). "Indecent Exposure". Fox News. Retrieved 2010-01-14.
  30. ^ Topfreedom: The Fundamental Right of Women
  31. ^ Breastfeeding State Laws
  32. ^ David Smith Allyn, Make love, not war, pages 23–29, Taylor & Francis, 2001, ISBN 0415929423
  33. ^ "I Publius Ripped from the Headlines Once Again". Berkshire Eagle. December 8, 2007. Retrieved 2009-02-06.
  34. ^ Id, Letters
    Article (December 8, 2007). "Berkshire Eagle Archive Search". Berkshire Eagle. Retrieved 2009-02-06.
  35. ^ "Topfree Equal Rights Association - Recent News". TERA. December 8, 2007. Retrieved 2009-02-06.
  36. ^ "Pittsfield petition calls for topless sunbathing". Topix.com. December 7, 2007. Retrieved 2009-02-06.
  37. ^ "Topless Sunbathing Plan on Ballot in Pittsfield". The Boston Globe. August 15, 2010. Retrieved 2010-08-15.
  38. ^ On Sept 25, 2007, Daytona Beach, FL loses topless case
  39. ^ "Only In Santa Cruz". July 2002. Retrieved 2009-09-29. Originally published at Bay Area News
  40. ^ Colorado law CRS 18-7-302 (Indecent Exposure) prohibits a person from knowingly exposing his/her genitals. See for example, Boulder Reservoir Policies and Regulations
  41. ^ Hawaii Revised Statutes 707-734
  42. ^ Seacoast online: Judge: Streaking legal for Maine women
  43. ^ "THE PEOPLE &C., RESPONDENT, v. RAMONA SANTORELLI AND MARY LOU SCHLOSS, APPELLANTS, ET AL., DEFENDANTS".
  44. ^ State v. Jetter (1991), 74 Ohio App. 3d. 535, 599 N.E. 2d 733
  45. ^ "GoTopless: 10 successful cases giving women the right to be topless in certain states or cities". Retrieved 2010-01-14.
  46. ^ Leonard, Paul (2009-06-25). "Tit for Tat". Portland Mercury. Retrieved 2010-01-18.
  47. ^ Duvallon v. District of Columbia, 515 A.2d 724, 728 (D.C.,1986), which held that indecent exposure statute found at DC Code § 22-1312 is limited in application to exposure of human genitalia.
  48. ^ "Topless Laws". GoTopless.org. Retrieved 2010-01-18.
  49. ^ a b "Judgment C12668, R. vs. Jacob" (Document). Province of Ontario Court of Appeal. 1996-12-09. {{cite document}}: Unknown parameter |accessdate= ignored (help); Unknown parameter |url= ignored (help)
  50. ^ "Is nudity the new normal?". TheSun.com. Retrieved 2010-06-14.
  51. ^ "Club Med : Read Reviews, Cheap Deals". Retrieved 2009-09-28.
  52. ^ "Fight Over a Topless Beach". Time. September 22, 1986. Retrieved 2009-09-28.
  53. ^ Robinson, Georgina (December 30, 2008). "Topless ban to protect Muslims and Asians: Nile". Sydney Morning Herald. Retrieved 2009-09-28.
  54. ^ Shepard, Mishelle. "Topless in Phuket". Retrieved 2009-09-28.
  55. ^ Cummings, Joe (2003-07-01). Lonely Planet Thailand (10 ed.). Lonely Planet. p. 808. ISBN 1740593561. Toplessness among visitors at a few resorts is accepted, but is not legally permitted.
  56. ^ Schiavenza, Matt. "Foreign Woman Removes Top At Beach in Qingdao, Causes Major Disturbance". Retrieved 2009-09-28.
  57. ^ "Foreign Woman Caught Sunbathing Topless in Qindao". Retrieved 2009-09-28.
  58. ^ "Dubai crackdown on indecent behaviour on beaches". Melbourne: The Age. July 15, 2008. Retrieved 2009-09-28.
  59. ^ Cvitanic, Marilyn. "Henna: An Enduring Tradition". Retrieved 2009-09-28.
  60. ^ "Dubai gets tough on nudity after sex show". news.com.au. 2008-07-15.
  61. ^ TERA Statement of Purpose and Principles
  62. ^ "Episode 2: Breastfeeding and the Right to Go Topless". Lex Appeal. 2010-07-31.


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